Tag: ndaa

The Senate passed the annual NDAA today. (National Defense Authorization Act.) It prohibits the transfer Guantanamo detainees to the U.S. The vote in the Senate was 91 to 3. Obama is expected to sign the bill, notwithstanding his objection to the Gitmo provision.

This provision hinders the Executive's ability to carry out its military, national security, and foreign relations activities and would, under certain circumstances, violate constitutional separation of powers principles. The executive branch must have the flexibility to act swiftly in conducting negotiations with foreign countries regarding the circumstances of detainee transfers. The Congress designed these sections, and has here renewed them once more, in order to foreclose my ability to shut down the Guantanamo Bay detention facility. [More...]

The Senate last night approved Sen. Diane Feinstein's Amendment to the NDAA banning military detention of U.S. citizens and green card holders arrested on U.S. soil. It passed 67 to 29. 20 Republicans joined the 46 Democrats in approving the Amendment. The Amendment states:

"An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention."

Unfortunately, the Senate also passed the Ayotte Amendment preventing the use of funds to transfer or release detainees from Guantanamo to the U.S. The vote was 51 to 44 in favor of the ban.

The language of the amendment assures that no authorization to use military force, war declaration or any similar authority would allow an American apprehended in the United States to be held without charge or trial.

Here is the final conference report of the National Defense Authorization Act for 2012, with slight changes to the detainee provisions, which were made in response to objections by the Obama Administration. A version with just Subtitle D, entitled “Counterterrorism,” is here. The section continues to page 685. The explanation for the changes is here.

Shorter version: Indefinite detention is here to stay and Guantanamo is not closing anytime soon.

The press release from the Armed Services Committee is here. Here is the old version if you want to track the latest changes. The Detainee provisions begin on page 364.

After passing two of the many Amendments (Menendez amend #1414 and Leahy Leahy amend #1072 )and confirming Christopher Droney as a judge on the Second Circuit Court of Appeals, the Senate recessed until tomorrow.

Sen. Mark Udall will make a floor statement tomorrow on the Amendment. Senate Majority Leader Harry Reid has scheduled a procedural vote on the Defense Bill for sometime Wednesday.